l pay, men in the Militia or Army
Reserve, Registrars of Births, Deaths, and Marriages, Officials of the
Customs, Excise, or Post Office, and those already acting as
Churchwardens elsewhere.
With these exceptions the law of the land is that, if a householder
dwelling in the parish be legally elected to the office, he must serve as
Churchwarden. In old parishes dissenters, if elected, may appoint a
deputy to be approved of by the Vestry. {4} But in parishes formed under
the Acts 1 and 2, Will. IV, c. 38, sec. 16; 6 and 7 Vict., c. 37, sec.
17; or 19 and 20 Vict., c. 104, which re-enacts 6 and 7 Vict., c. 37,
sec. 17, with reference to this point, it is expressly en-acted that
Churchwardens must be Churchmen. Churchwardens ought to be elected in
new parishes twenty-one days after the consecration of the Church
thereof.
Females, although there has been no legal decision authorising their
appointment, are occasionally, if otherwise eligible, appointed to serve
the office, but it is not likely that the Courts, if called upon, would
be so ungallant as to compel a female householder, if elected, to serve
against her will.
In my own Archdeaconry there are several ladies who have been elected
Churchwardens, and they do their duty right well.
A Churchwarden must be resident in the parish for which he is elected to
serve. The contrary has been held to be the law for some years past, but
a decision of the Court of Queen's Bench, reported in the _Times_ of Nov.
20th, 1889, decides absolutely that both in new and old parishes none but
residents are qualified to serve as Churchwardens. {5}
With reference to this point, the following memorandum has been issued
for use in the diocese of Rochester by Chancellor Dibden:--
It is desirable, wherever practicable, to be careful that the persons
chosen "live" in the parish. It sometimes happens, however, that it
is difficult to find suitable persons inside, and the parish wish to
appoint an outsider. This should never be done if objection is
raised even by a single parishioner, because the appointment is
technically faulty, and could be set aside on _mandamus_ on the
application of even one individual. If, however, the parish vestry
are unanimous, and the appointment is desirable in other respects, no
harm will ensue from the fact that the chosen churchwarden is
technically ineligible. Unless and until his position is challenged,
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